Pursuant to Part II, Article 73-a of the New Hampshire Constitution, and Supreme Court
Rule 51 A(7), the Supreme Court of New Hampshire approves, on a temporary basis, effective
January 1, 2002, new Supreme Court Rule 12-D as set forth in Appendix A. This amendment to
the Supreme Court Rules shall be referred to the advisory committee on rules for
consideration of whether it should be adopted as a permanent rule.

December 10, 2001

ATTEST: ______________________

Eileen
Fox, Clerk of Court
Supreme
Court of New Hampshire

APPENDIX A

Amend the Supreme Court Rules by adopting on a temporary basis the following new Rule
12-D:

RULE 12-D. SUMMARY PROCEDURES ON APPEAL

(1) Selection of Cases.

(a) By order of the court, consistent with the criteria set out at paragraph (5) below,
any case may be set for oral argument before a panel of three justices (3JX panel).

(b) Any party may request or consent that a case be set for oral argument before a 3JX
panel. The court will consider and act upon such request, based upon criteria set out at
paragraph (5) below.

(c) If all parties of record are represented by counsel, the court may direct that the
matter be submitted on briefs, without oral argument. See Rule 18(5).

(d) Except as noted in this rule, the procedure for cases assigned to a 3JX panel shall
be the same as otherwise provided in these rules. Any motions made in a case assigned to a
3JX panel shall be acted upon by the panel. The panel may, in its discretion, refer any
such motion to the full court for resolution.

(2) Disposition after Argument Before Three Justices; Additional Briefing, etc. Any
case which has been heard by a 3JX panel shall be decided by unanimous order of the three
justices. If the panel cannot reach a unanimous decision, it shall direct that the case be
reargued before the full court. The panel may order that a case be reargued before the
full court in such other circumstances as it deems appropriate. The panel may, prior to
determining that a unanimous decision cannot be reached, require additional briefing. If
argument before the full court is ordered, the court may issue an additional order setting
forth matters to be reargued or rebriefed.

(3) Nonprecedential Status of Orders. An order issued by a 3JX panel shall have no
precedential value and shall not be cited in any pleadings or rulings in any court in this
state, provided however, that such order may be cited and shall be controlling with
respect to issues of claim preclusion, law of the case and similar issues involving the
parties or facts of the case in which the order was issued.

(4) Opinions. With the consent of all the parties, a 3JX panel may recommend to the
full court that a published opinion be issued in the case. If the court accepts the
referral, the two justices not on the panel may participate in the opinion by reading the
briefs and reviewing oral arguments. Without the consent of the parties, a 3JX panel which
believes a published opinion should be issued in the case may order the case be reargued
before the full court.

(5) Criteria for Selection of Cases for 3JX Panel. Cases suitable for oral argument
before a 3JX panel include, but are not limited to:

(a) appeals involving claims of error in the application of settled law;

(b) appeals claiming abuse of discretion where the law governing that discretion is
settled;

(c) appeals claiming insufficient evidence or a result against the weight of the
evidence.

(6) Briefing, Argument, etc.

(a) In all cases selected for oral argument before a 3JX panel, briefs shall be limited
to 20 pages, exclusive of the table of contents, tables of citations and any addendum
containing pertinent texts of constitutions, statutes, rules, regulations and other such
matters. Reply briefs shall be limited to 10 pages.

(b) Oral argument will be limited to five minutes per party.

(7) Motion for Rehearing or Reconsideration. Motions for rehearing or reconsideration
of any order assigning a case to a three-justice panel or of any order issued by a
three-justice panel shall be governed by Rule 22.